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55B - RESO - AA - AGMT - EMPG
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2/25/2016 2:24:05 PM
Creation date
2/25/2016 2:19:10 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
55B
Date
3/1/2016
Destruction Year
2021
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instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as <br />appropriate. <br />(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal <br />entity including the manner by which it will be effected and the basis for settlement. <br />(C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet <br />the definition of "federally assisted construction contract" in 41 C.F.R. Part 60 -1.3 must include the equal <br />opportunity clause provided under 41 C.F.R. Part 60- 1.4(b), in accordance with Executive Order 11246, "Equal <br />Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by <br />Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and <br />implementing regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal <br />Employment Opportunity, Department of Labor." <br />(D) Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program legislation, all <br />prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for <br />compliance with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of <br />Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally <br />Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to <br />laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the <br />Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- <br />Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor <br />in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of <br />the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal <br />awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" <br />Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and <br />Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the <br />United States "). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any <br />means, any person employed in the construction, completion, or repair of public work, to give up any part of the <br />compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported <br />violations to the Federal awarding agency. <br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts <br />awarded by the non - Federal entity in excess of $100,000 that involve the employment of mechanics or laborers <br />must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor <br />regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the <br />wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the <br />standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half <br />times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 <br />U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work <br />in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do <br />not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts <br />for transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of <br />"funding agreement" under 37 C.F.R. §401.2 (a) and the recipient or subrecipient wishes to enter into a contract <br />with a small business firm or nonprofit organization regarding the substitution of parties, assignment or <br />performance of experimental, developmental, or research work under that "funding agreement," the recipient or <br />subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit <br />Initials <br />55B -178 <br />
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